Migrant Workers and Overseas Filipinos Act of 1995 as amended by Republic Act No. 10022

1. Migrant Workers and Overseas Filipinos Act of 1995 as amended by Republic Act No. 10022

2. Fast facts

3. 17 March 1995 • Flor Contemplacion , a Filipina domestic helper was convicted for killing another Filipina domestic helper in Singapore. • She was sentenced to be hanged.

4. Mass actions were staged in the Philippines protesting the verdict and pressuring the government to intervene to stop the execution. • Despite diplomatic efforts by the Philippine government, Flor Contemplacion was hanged on 17 March 1995.

5. 07 June 1995 • Pres. Fidel Ramos signed into law Republic Act 8042 otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995

6. 29 February 1996 • Department of Foreign Affairs (DFA) and the Department of Labor and Employment (DOLE) passed the Implementing Rules and Regulations of R.A. 8042

7. 04 September 2009 Joint Manning Group (JMG) learned from informal sources that the Bicameral Committee (BICAM) composed of Senators and Congressmen has approved the amendments to R.A. 8042

8. Late September 2009 JMG began its efforts to find ways and means to mitigate the impact of the proposed bill  on the manning industry . Valuable connections arranged JMG meetings with members of the BICAM to enable us to plead our case because the sea based sector was deprived of the opportunity to be heard.  JMG was buoyed with positive reaction from the members of the BICAM.

9. 5,6,10, 11 November 2009 DOLE convened  Tripartite Consultation Meetings. The objective is to prepare recommendatory changes in the BICAM version of the proposed bill.

10. 13 November 2009 Labour sector  turned over to DOLE  Secy. Roque the completed draft . Secy. Roque is supposed to hand carry the draft to the  Chairman of the BICAM.

11. 18 November 2009 BICAM passed  the 3rd draft . Labour sector's recommendation was completely ignored . The 3rd BICAM draft contained the following , viz :

12. 3rd BICAM draft a. criminalises the act of allowing a non- Filipino citizen to head or manage a manning agency .

13. 3rd BICAM draft b. criminalises the act of requiring a seafarer to undergo his PEME in a clinic or   medical facility appointed  by the principal;

14. 3rd BICAM draft c. criminalises the act of requiring a seafarer to undergo training in a training centre designated by the principal ;

15. 3rd BICAM draft d. mandatory insurance coverage  provision which includes a “no fault , no contest” clause ;

16. 25 November 2010 JMG intensified its efforts to engage the members of the BICAM in dialogues to underline to them the negative impact of the bill to the manning industry.

17. 18 December 2009 JMG received the final version of the bill. The BICAM adopted the recommendations of JMG . The final text contained the following , viz :

18. FINAL draft a. de-criminalised the appointment of medical clinics  for seafarers provided  the cost of PEME shall be borne by the principal ;

19. FINAL draft b. de- criminalised the designation of training centre for seafarers provided the cost of training shall be borne by the principal ;

20. FINAL draft c. allow manning agency to submit to POEA certificates or any proof of cover as evidence to show that the seafarers are covered provided that the minimum benefits under the law are included.

21. 08 March 2010 Pres. Gloria Macapagal -Arroyo allowed the bill  to lapse into law

22. 21 April 2010 R.A. 10022 was published in a major broadsheet

23. 06 May 2010 R.A. 10022 took  effect

24. ILLEGAL RECRUITMENT

25. DEFINITION: any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority

26. DEFINITION: xxx It shall likewise include the following acts (Section 5, R.A. 10022), whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority. xxx

27. PERSONS LIABLE

28. The persons criminally liable for the above offenses are the following, viz; Principals; Accomplices ; Accessories; In case of juridical persons, like partnerships or corporations, the persons liable are the officers having ownership, control, management or direction of their business who are responsible for the commission of the offense and the responsible employees/agents thereofshall be liable.

29. PENALTY for ILLEGAL RECRUITMENT

30. ● imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years AND ● a fine of not less than One million pesos (Php1,000,000.00 @ 45= USD 22, 000.00 ) nor more than Two million pesos (Php 2,000,000.00 @ 45= USD 44,000).

31. ● life imprisonment and a fine of not less than Two million pesos (Php2,000,000.00 @ 45= USD 44,000.00) nor more than Five million pesos (Php5,000,000.00 @ 45 = USD 111,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein

32. ● Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority

33. ILLEGAL RECRUITMENT ACTS

34. Sec. 5 (a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance;

35. Sec. 5 (b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

36. Sec. 5 (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code, or for the purpose of documenting hired workers with the POEA, which include the act of reprocessing workers through a job order that pertains to non-existent work, work different from the actual overseas work, or work with a different employer whether registered or not with the POEA;

37. Sec. 5 (d) To include or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;

38. Sec. 5 (e) To influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed, joined or supported, or has contacted or is supported by any union or workers’ organization;

39. Sec. 5 (f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;

40. Sec. 5 (g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;

41. Sec. 5 (h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;

42. Sec. 5 (i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment ;

43. Sec. 5 (j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency;

44. Sec. 5 (k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing rules and regulations;

45. Sec. 5 (l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment;

46. Sec. 5 (m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker’s fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage; and

47. Sec. 5 (n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.

48. Note: Rule II, Definition of Terms, IRR draft Head or manage – refers to any of the following acts: 1. Control and supervise the operations of the recruitment/manning agency or branch thereof of which they are employed; or 2. Exercise the authority to hire or fire employees and lay down and execute management policies of the recruitment/manning agency or branch thereof.

49. PROHIBITED ACTS

50. (1) Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum, which will be used for payment of legal and allowable placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan;